Wednesday, December 10, 2014


QUESTION:  My ex and I currently have joint physical/legal custody of our 3 children.  Recently, he beat our son, leaving a huge bruise on his upper leg and a smaller bruise. I reported and they arrested him for battery. We went to court and they are sending him to SCAN classes and if he doesn't attend by his deadline, he will be charged. In light of that, I am filing for sole custody. What are my chances? In addition, he is muslim and I am not. The children are free in my home to choose their own faith when they are old enough while they are NOT allowed to so in his home. Can I argue their right to freedom of religion?

MY ANSWER:  You have a fairly good case, but you would best retain an experienced Family Law Attorney to represent you. You could report your ex's conduct and your son's injury to Child Protective Services, which would propel the case away from the Family Law Court and into Dependency Court, and when commenced, those proceedings would freeze all activity regarding your son in the Family Law case. Your husband's violence is not to be condoned, and even though the criminal case is temporarily on hold while he is going to SCAN classes, Child Protective Services can move quickly to protect your son - and likely all your children. The religion issue would not be dealt with in Dependency Court, but should be brought up in the Family Law case.


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